:: [DNG] Software written by contracto…
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Skribent: Rick Moen
Dato:  
Til: dng
Gamle-emner: Re: [DNG] Yes you have standing to sue GRSecurity.
Nye-emner: Re: [DNG] Identity of OP (Software written by contractors and the 'work for hire') concept
Emne: [DNG] Software written by contractors and the 'work for hire' concept
Quoting Narcis Garcia (informatica@???):

> El 29/07/17 a les 16:12, Antony Stone ha escrit:
> > On Saturday 29 July 2017 at 13:55:54, nisus@??? wrote:
> >
> >> It has come to my attention that some entities are claiming that you,
> >> dear Linux Hackers, (1)need to go through some foundation or get some
> >> permission from upon high in-order to sue the progenitors of GRSecurity
> >
> > Example?
>
> Example already mentioned:
> "you are working for a company and as your job duties you are
> programming the linux kernel, there is a good chance that you are a work
> for hire and thus the company owns said copyrights"


Employees yes, contractors _no_ absent a specific written agreement
transferring ownership. Citation: Community for Creative Non-Violence
v. Reid, 490 US 730 (1989).

My wife won (representing herself pro-se) a lawsuit brought against her
in the 1990s by a New Hampshire firm that refused to pay her for
contract programming work but attempted to compel her to turn over the
source code she wrote anyway claiming it was a 'work for hire'. All she
had to do was cite CCNV v. Reid: The judge was impressed, and he
dismissed the case.

Plaintiff had used this ploy to cheat numerous prior contract programmers;
my wife was the first to ever get paid.

(Oh, I hope someone will add nisus@??? to the list at
http://geekfeminism.wikia.com/wiki/MikeeUSA . Oh, and Mikee, falsely
claiming to be an attorney from behind a series of fake identities is
rather less than impressive.)